Child Support Lawyers In Westport, CT

Connecticut family law firm forcefully argues child support claims in the best interest of the child

Connecticut law recognizes that child support is an obligation shared by both parents. When families occupy the same household, support is assumed. However, when the parents live apart, measures must be taken to ensure each parent shoulders their share of the obligation. At Needle | Cuda, our Westport child support lawyers represent parents on both sides of the process.

We structure support arrangements that accurately reflect the parents’ financial means and the children’s specific needs. As your advocates, we make sure the court is fully aware of all circumstances that must be considered to reach a reasonable and fair decision.

How does Child Support work in Connecticut?

Connecticut uses an “income shares” model of child support, based on state guidelines, that is designed to ensure that children are supported at the same level they would be if their parents lived together. Calculation of child support involves the following:

• Calculation of the net incomes of the parents (after allowable deductions) are added together
• Determination of a presumptive child support amount based on the state guidelines
• Determination of whether there should be a deviation from the guidelines, how to address income in excess of the guidelines chart or if the child support guidelines may be avoided altogether due to special needs of a child
• Determination of how uninsured and other out-of-pocket medical expenses will be shared
• Determination of how extracurricular and other child activity expenses will be shared
• What contribution may be necessary to pay for qualified childcare expenses

Once each parent’s obligation has been determined, the parenting plan provides for the actual payment of support. A parent who does not exercise any physical custody over the children pays all of his or her obligation to the custodial parent.

When custody is more or less equal, the higher-earning parent pays the difference in their obligations to the lower-earning parent.

At what age does the right to Child Support terminate in Connecticut?

Existing child support laws in Connecticut (for children without special needs) terminate child support awards when child attains the age of eighteen (18) — unless that child remains enrolled in high school.  If a child remains in high school, child support can continue until the first to occur: high school graduation or the child attaining the age nineteen (19).

Existing laws, for a child who qualifies as “special needs”* allow a judge to extend child support awards through the age of twenty-one (21). The statute also provides flexibility to family judges to enter enhanced support orders that are specifically attuned to a particular child’s unique needs. (*see next section)

Age limit for Child Support in Connecticut for qualifying “Special Needs” children extended (Fall 2023)*

Changes in the law will be effective as of October 1, 2023.  The same eligibility criteria already in place will apply under the new statute.  The big change in the law is that child support orders will be able to be extended until a qualifying special needs child attains the age twenty-six years (26).

This change is an important recognition that special needs children can require support even longer in life, and allow family courts to provide relief on a case-by-case basis to address individualized children’s special needs, rather than requiring the strict application of Child Support Guidelines for qualifying special needs children.

An experienced divorce and family law firm can you explore both the existing and new child support laws to best provide for the needs of your child.

Can Child Support obligations be “waived” in Connecticut?

Child Support is considered to be the right of the child.  It cannot be waived.

Deviations from the state guidelines

Parents can request that the court deviate from the guidelines to increase or decrease the support obligations. Grounds for an upward deviation include any unusual but necessary expenses, such as:

• Other resources available to a parent, such as substantial assets or high earning capacity
• Extraordinary expenses for the care or maintenance of the child
• Extraordinary parental expenses, such as those related to travel to see the child or un-reimbursable medical/disability-related expenses
• Needs of a parent’s other dependents
• Coordination of total family support
• Other special circumstances (a catchall of sorts)

Litigating child support matters in Connecticut

Connecticut state guidelines on child support are meant to provide for consistency in similar cases, thereby reducing litigation and appeals. However, you may find it necessary to contest a child support determination. For example, a parent may try to underreport his or her income for child support purposes, such as by manipulating records from a closely held business.

Conversely, as a paying parent you may feel the other parent is unfairly inflating expenses which are not necessary or in your child’s best interest, or which do not accurately relate to your child at all.

After a divorce or initial child custody/support action, you may have to litigate to enforce or modify child support. If a parent fails to meet their full court-ordered child support obligations despite having the means to pay, courts can take various enforcement measures, such as seizing bank assets or garnishing wages — and sometimes even ordering incarceration. Parents can petition the court to modify the support order based on proof of financial hardship, such as through loss of a job, or of other good cause, such as unexpected medical expenses.

Our firm ably assists in enforcement and modification proceedings.

Contact our Westport, CT family law attorneys for child support counsel

Needle | Cuda represents clients in Fairfield County in child support matters. We provide highly professional yet personal representation focused on delivering positive results. To reserve a consultation, call us today at 203-557-9500 or contact our Westport office online.

Important Links for Connecticut Child Support

Connecticut Social Services Official Website

Compare to Child Support Laws in New York State

Child Support for Children with Special Needs in Connecticut

Frequently Asked Questions and Answers about Child Support in Connecticut